Two opinions

On July 17^th the Legislative Counsel of California (the Legislature's attorney) wrote in response to a legislator's inquiry re AB 1381:

"Based on the relevant rule of statutory construction and judicial authority, we think that, because the mayor is not expressly enumerated as being part of the public school system and is not an official of a public agency of the same general nature or class as those public agencies expressly authorized by the California Constitution to maintain schools, a court is likely to conclude that authority or control over educational functions currently performed by a school district may not be transferred by statute to the mayor of a charter city."

The Legislative Counsel concludes after six pages of legal opinion and citations of case law:

"Based on these considerations, as discussed above, it is our opinion that Section 6 of Article IX of the California Constitution would be construed by a court to prohibit the Legislature from transferring by statute authority or control over educational functions currently performed by a school district to the mayor of a charter city."

IN OTHER WORDS:

1. AB 1381 is NOT about mayoral governance or mayoral partnership with the Superintendent/School Board and Council of Mayors – it IS about Mayoral Control of LAUSD.
2. AB 1381 is unconstitutional.

On July 28^th (Corrected Aug 1^st) The Chief Legislative Analyst of the City of Los Angeles has made the following recommendation to the City Council Intergovernmental Relations Committee:

"ADOPT resolution to include in the City's 2005-06 State Legislative Program OPPOSITION to AB 1381 (Nuñez) concerning governance changes in the Los Angeles Unified School District that involve significant involvement by the Mayor of Los Angeles UNLESS AMENDED to

(1) provide language ensuring that the City shall not be compelled to expend City resources in support of the District;

(2) provide language ensuring that the City shall not be held liable for any actions by the Mayor in his/her capacity as part of the Council of Mayors on activity in connection with the District;

(3) require City Council approval of any school siting; and

(4) require City Council approval of any joint development projects."

IN OTHER WORDS:

· AB 1387 is at odds with the charter – the basic law and authority of government of the City of Los Angeles.

· The CLC's opinion challenges checks and balances between the City Council and the Mayor – two co-equal branches of the City. AB 1381 has no articulated role for the Council.

· THE CLC worries about the role and undefined authority of the super-governmental Council if Mayors.

· The CLC sees great financial, fiscal and fiduciary risk to the city.

· And the CLC's recommendation for amendment adds yet another layer of bureaucracy - the City Council - to the AB 1381 bureaucracy ….and implies others in the form of other city agencies, council committees and subcommittees.